Meaning of position of authority
208GC Meaning of position of authority
(1) A person is in a position of authority in relation to a person who is 16 or 17 years of age (the young person) if, at the time of the conduct concerned:
(a) the person is a parent, step-parent, foster parent, legal guardian or legal custodian of the young person; or
(b) the person is a teacher at a school and the young person is enrolled at the school; or
the person is an employer of the young person; or
(d) the person is a counsellor to the young person in a professional capacity; or
(e) the person is a health practitioner and the young person is the person's patient; or
(f) the person is a police officer, correctional services officer or community youth justice officer and the young person is in the person's care, custody, control or supervision as such an officer; or
(g) the person has authority over the young person because of the circumstances of the person's relationship with the young person, regardless of whether the authority is exercised lawfully; or
(h) the person has established a personal relationship with the young person in connection with the care, supervision or religious, sporting, musical or other instruction of the young person.
Example for subsection (1)(g)
The person supplies the young person with drugs.
Example for subsection (1)(h) of a person who has established a personal relationship in connection with the supervision of a young person
The person supervises the young person in the course of employment or training.
In subsection (1):
community youth justice officer, see section 5(1) of the Youth Justice Act 2005.
health practitioner means a person registered under the Health Practitioner Regulation National Law to practise in a health profession (other than as a student).
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